Teisinis aiškinimas kaip teisės atpažinimas įstatymų tekstuose

Abstract

This article is devoted to the review of the interpretation of legal norms, which is ideological background for judiciary to create law. Vote is given in behalf of objective interpretation of legal text. Opportunity of such a legal interpretation is associated with nonpozityvistic conception of law, which is viewed as a reason for a mutual understanding of lawyers while interpreting legal texts. Legal interpretation is defined as identification of law in the texts of statutes. In the state under the rule of law not statutes, but law, which has been expressed through statutes, is applied. This is taken as a background for a priority of logical meaning of legal texts. Some cases of Lithuanian judicial interpretation, which attribute to law not only justice, but also mercy, are assessed critically on behalf of legal personalism. Attempt of the Constitutional Court to create constitutional sanction, which suspends political capacity of a person that has been dismissed from his office by the impeachment procedure, through interpretation should be viewed as transcendence of the competence of the Constitutional Court and breach of a constitutional principle of separation of powers.